Decree of September 14, 2007 relating to the attribution of the title of master restorer
NOR: ECEA0754329A
The Minister of the Interior, Overseas Territories and Local Authorities and the Minister of the Economy, Finance and Employment,
Considering the decree n ° 2007-1359 of September 14, 2007 relating to the title of master restorer,
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The application files relating to the title of master restorer include the following documents:
1 ° The identity of the candidate, the address and the name of the establishment (s) in which he exercises his profession;
2 ° When the business is incorporated, the address of the registered office and the name of the company;
3 ° Proof of registration in the trade and companies register of the main establishment and possibly secondary registrations of less than three months;
4 ° The supporting documents relating to the conditions of application defined in articles 1 and 2 of the aforementioned decree of September 14, 2007;
5 ° The certificate on the honor of the entrepreneur that he or the company are up to date with the tax or social contributions payable;
6 ° The audit report drawn up in accordance with the provisions of the aforementioned decree of September 14, 2007 and the order mentioned in article 3.
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- - The prefect acknowledges receipt of the application file and indicates the deadlines and means of appeal in the event of a rejection decision.
When the application file is incomplete, the letter acknowledging receipt indicates to the applicant the missing documents, the production of which is essential for the examination of his application. It sets a deadline for receiving the documents. It also indicates that the time limit for the production of additional documents suspends that at the end of which, in the absence of an express decision, the application is deemed to be rejected.
- - In the event that 4 ° of II of article 1 of the aforementioned decree of September 14, 2007 is applied and in the event of replacement of the cook for whom the proof of qualification provided for in 4 ° of article 1 of this decree was attached to the aforementioned application file, the identity of the replacement and the proof of his qualification must be sent to the prefect who awarded the title.
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- - The regional appeals commission for the attribution of the title of master restorer mentioned in article 5 of the aforementioned decree of September 14, 2007 establishes its internal regulations.
- - The secretariat of the regional appeals commission is provided by the regional trade and crafts delegate who examines appeals.
The regional trade and crafts delegate draws up the minutes of the committee's deliberations.
III. - The agenda of the regional appeals commission is established by its president. The members of the regional commission are seized of the agenda and the meeting documents at least eight days before the date of the meeting.
The committee can only validly deliver an opinion in the presence of at least half of its members.
No member of the committee may deliberate in a matter in which he has a direct or indirect personal interest.
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The request for approval of the certification bodies mentioned in article 3 of the above-mentioned decree of September 14, 2007 is made to the Minister responsible for trade and includes a copy of the opinion published in the Official Journal of the French Republic in application of the article R. 115-5 of the consumer code.
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The Secretary General of the Ministry of the Interior, Overseas Territories and Local Authorities and the Director of Trade, Crafts, Services and Liberal Professions are responsible, each in his own area, for the execution of this decree, which will be published in the Official Journal of the French Republic.
The Minister of the Economy, Finance and Employment,
Christine Lagarde
The Minister of the Interior, Overseas Territories and Local Authorities,
Michele Alliot-Marie
Decree n ° 2015-348 of March 26, 2015 relating to the title of master restorer
NOR: EINI1501344D
Eli: https://www.legifrance.gouv.fr/eli/decret/2015/3/26/EINI1501344D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/3/26/2015-348/jo/texte
Public concerned: commercial catering companies.
Purpose: extension, to all natural persons exercising their professional activity in a commercial catering company, of the possibility of benefiting from the title of master restorer.
Entry into force: the text comes into force on April 1, 2015.
Notice: the conditions under which the title of master restorer, instituted by thearticle 244 quater Q of the general tax code is assigned, are specified by the decree n ° 2007-1359 of September 14, 2007. Article 1 of this decree reserves the issuance of the title to natural persons who run a business operating a catering business. In application of the law n ° 2014-344 of March 17, 2014 relating to consumption which introduced an article L. 121-82-2 in the consumer code, the title is now open to people who work in an establishment. The decree of September 14, 2007 relating to the title of master restaurateur is amended accordingly.
References: this decree can be consulted on the Légifrance site (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of the Economy, Industry and Digital,
Seen the consumer code, in particular its article L. 121-82-2 in its wording resulting from the Law n ° 2014-344 of March 17, 2014 relating to consumption;
Seen the decree n ° 2007-1359 of September 14, 2007 relating to the title of master restorer;
Seen the decree n ° 2009-1377 of November 10, 2009 relating to the organization and missions of the regional business, competition, consumer, labor and employment offices;
Having heard the Council of State (finance section),
decrees:
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Article 1 of the above-mentioned decree of September 14, 2007 is thus amended:
1 ° The I is replaced by the following I:
"I.-The title of master restorer, provided for inarticle L. 121-82-2 of the consumer code, can be issued to natural persons who carry out their activity as manager or employee in a company operating a catering business. ";
2 ° In the first paragraph of II, the words: “manager must” are replaced by the words: “the natural persons mentioned in I must”;
3 ° In 2 ° of II the word: "manager" is replaced by the words: "manager or employee";
4 ° In 3 ° and 4 ° of II and III, the word: "manager" is replaced by the words: "manager or employee".
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Article 2 of the same decree is thus amended:
1 ° In the first paragraph, the words: “the activity of cook or, failing that, personally supervise it. "Are replaced by the words:" an activity in the establishment. ";
2 ° After the first paragraph, a paragraph worded as follows is inserted:
“When the holder of the permit ceases his activity definitively, the forfeiture of the permit is pronounced on the date of departure from the establishment. "
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Article 3 of the same decree is thus amended:
1 ° 5 ° is repealed;
2 ° The last paragraph is replaced by the following provisions:
"An audit, the purpose of which is to verify the establishment's compliance with the standards provided for in these specifications, is carried out at the company's expense by one of the certification bodies it chooses from among those appearing on a list. established by an order of the Minister in charge of trade. This audit gives rise to a report which specifies whether each of the criteria listed in the specifications is satisfied and is accompanied by reasoned conclusions ”.
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In the first paragraph of article 4 of the same decree, the words are added: "or in which he carries out his activities".
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Section I of article 5 of the same decree is thus amended:
1 ° The 2 °, 3 ° and 4 ° are replaced by a paragraph worded as follows:
“2 ° Three representatives of the regional management of companies, competition, consumption, labor and employment or the management of companies, competition, consumption, work and employment. ";
2 ° The 5 ° becomes the 3 °.
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This decree comes into force on April 1, 2015.
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The Minister of Finance and Public Accounts, the Minister of Economy, Industry and Digital and the Secretary of State for Trade, Crafts, Consumption and Social and Solidarity Economy are each responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done March 26, 2015.
Manuel Valls
By the Prime Minister:
The Minister of Economy, Industry and Digital,
Emmanuel Macron
The Minister of Finance and Public Accounts,
Michel Fir
The Secretary of State in charge of trade, crafts, consumption and the social and solidarity economy,
Carole Delga